US (United States) Code. Title 40. Subtitle V. Chapter 183: National capital area interest arbitration standars

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40 USC CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST

ARBITRATION STANDARDS 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-HEAD-

CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

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Sec.

18301. Findings and purposes.

18302. Definitions.

18303. Standards for arbitrators.

18304. Procedures for enforcement of awards.

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40 USC Sec. 18301 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-HEAD-

Sec. 18301. Findings and purposes

-STATUTE-

(a) Findings. - Congress finds that -

(1) affordable public transportation is essential to the

economic vitality of the national capital area and is an

essential component of regional efforts to improve air quality to

meet environmental requirements and to improve the health of both

residents of and visitors to the national capital area as well as

to preserve the beauty and dignity of the Nation's capital;

(2) use of mass transit by both residents of and visitors to

the national capital area is substantially affected by the prices

charged for mass transit services, prices that are substantially

affected by labor costs, since more than two-thirds of operating

costs are attributable to labor costs;

(3) labor costs incurred in providing mass transit in the

national capital area have increased at an alarming rate and

wages and benefits of operators and mechanics currently are among

the highest in the Nation;

(4) higher operating costs incurred for public transit in the

national capital area cannot be offset by increasing costs to

patrons, since this often discourages ridership and thus

undermines the public interest in promoting the use of public

transit;

(5) spiraling labor costs cannot be offset by the governmental

entities that are responsible for subsidy payments for public

transit services since local governments generally, and the

District of Columbia government in particular, are operating

under severe fiscal constraints;

(6) imposition of mandatory standards applicable to arbitrators

resolving arbitration disputes involving interstate compact

agencies operating in the national capital area will ensure that

wage increases are justified and do not exceed the ability of

transit patrons and taxpayers to fund the increase; and

(7) federal legislation is necessary under section 8 of Article

I of the United States Constitution to balance the need to

moderate and lower labor costs while maintaining industrial

peace.

(b) Purpose. - The purpose of this chapter is to adopt standards

governing arbitration that must be applied by arbitrators resolving

disputes involving interstate compact agencies operating in the

national capital area in order to lower operating costs for public

transportation in the Washington metropolitan area.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1291.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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18301 40:1301. Pub. L. 104-50, title IV,

Sec. 402, Nov. 15, 1995, 109

Stat. 463.

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In subsection (a)(7), the reference is to section 8 of article I

of the United States Constitution to correct an error in the source

provision.

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40 USC Sec. 18302 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-HEAD-

Sec. 18302. Definitions

-STATUTE-

In this chapter, the following definitions apply:

(1) Arbitration. - The term "arbitration" -

(A) means the arbitration of disputes, regarding the terms

and conditions of employment, that is required under an

interstate compact governing an interstate compact agency

operating in the national capital area; but

(B) does not include the interpretation and application of

rights arising from an existing collective bargaining

agreement.

(2) Arbitrator. - The term "arbitrator" refers to either a

single arbitrator, or a board of arbitrators, chosen under

applicable procedures.

(3) Interstate compact agency operating in the national capital

area. - The term "interstate compact agency operating in the

national capital area" means any interstate compact agency that

provides public transit services and that was established by an

interstate compact to which the District of Columbia is a

signatory.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1292.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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18302 40:1302(1), (2), Pub. L. 104-50, title IV,

(4), (5). Sec. 403(1), (2), (4), (5),

Nov. 15, 1995, 109 Stat. 464.

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The text of 40:1302(4) and (5) is combined to eliminate

unnecessary words.

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40 USC Sec. 18303 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-HEAD-

Sec. 18303. Standards for arbitrators

-STATUTE-

(a) Definition. - In this section, the term "public welfare"

includes, with respect to arbitration under an interstate compact -

(1) the financial ability of the individual jurisdictions

participating in the compact to pay for the costs of providing

public transit services; and

(2) the average per capita tax burden, during the term of the

collective bargaining agreement to which the arbitration relates,

of the residents of the Washington metropolitan area, and the

effect of an arbitration award rendered under that arbitration on

the respective income or property tax rates of the jurisdictions

that provide subsidy payments to the interstate compact agency

established under the compact.

(b) Factors in Making Arbitration Award. - An arbitrator

rendering an arbitration award involving the employees of an

interstate compact agency operating in the national capital area

may not make a finding or a decision for inclusion in a collective

bargaining agreement governing conditions of employment without

considering the following factors:

(1) The existing terms and conditions of employment of the

employees in the bargaining unit.

(2) All available financial resources of the interstate compact

agency.

(3) The annual increase or decrease in consumer prices for

goods and services as reflected in the most recent consumer price

index for the Washington metropolitan area, published by the

Bureau of Labor Statistics.

(4) The wages, benefits, and terms and conditions of the

employment of other employees who perform, in other jurisdictions

in the Washington standard metropolitan statistical area,

services similar to those in the bargaining unit.

(5) The special nature of the work performed by the employees

in the bargaining unit, including any hazards or the relative

ease of employment, physical requirements, educational

qualifications, job training and skills, shift assignments, and

the demands placed upon the employees as compared to other

employees of the interstate compact agency.

(6) The interests and welfare of the employees in the

bargaining unit, including -

(A) the overall compensation presently received by the

employees, having regard not only for wage rates but also for

wages for time not worked, including vacations, holidays, and

other excused absences;

(B) all benefits received by the employees, including

previous bonuses, insurance, and pensions; and

(C) the continuity and stability of employment.

(7) The public welfare.

(c) Ability To Finance Salaries and Benefits Provided in Award. -

An arbitrator rendering an arbitration award involving the

employees of an interstate compact agency operating in the national

capital area may not, with respect to a collective bargaining

agreement governing conditions of employment, provide for salaries

and other benefits that exceed the ability of the interstate

compact agency, or of any governmental jurisdiction that provides

subsidy payments or budgetary assistance to the interstate compact

agency, to obtain the necessary financial resources to pay for wage

and benefit increases for employees of the interstate compact

agency.

(d) Requirements for Final Award. -

(1) Written award. - In resolving a dispute submitted to

arbitration involving the employees of an interstate compact

agency operating in the national capital area, the arbitrator

shall issue a written award that demonstrates that all the

factors set forth in subsections (b) and (c) have been considered

and applied.

(2) Prerequisites. - An award may grant an increase in pay

rates or benefits (including insurance and pension benefits), or

reduce hours of work, only if the arbitrator concludes that any

costs to the agency do not adversely affect the public welfare.

(3) Substantial evidence. - The arbitrator's conclusion

regarding the public welfare must be supported by substantial

evidence.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1292.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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18303(a) 40:1302(6). Pub. L. 104-50, title IV,

Secs. 403(3), (6), 404, Nov.

15, 1995, 109 Stat. 464.

18303(b)- 40:1302(3).

(d)

40:1303.

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The text of 40:1302(3) and 1303(b) is combined because 40:1303(b)

is the only place the definition of "funding ability" is used in

the revised chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 18304 of this title.

-End-

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40 USC Sec. 18304 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE V - MISCELLANEOUS

CHAPTER 183 - NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS

-HEAD-

Sec. 18304. Procedures for enforcement of awards

-STATUTE-

(a) Modifications and Finality of Award. - Within 10 days after

the parties receive an arbitration award to which section 18303 of

this title applies, the interstate compact agency and the

employees, through their representative, may agree in writing on

any modifications to the award. After the end of that 10-day

period, the award, and any modifications, become binding on the

interstate compact agency, the employees in the bargaining unit,

and the employees' representative.

(b) Implementation. - Each party to an award that becomes binding

under subsection (a) shall take all actions necessary to implement

the award.

(c) Judicial Review. - Within 60 days after an award becomes

binding under subsection (a), the interstate compact agency or the

exclusive representative of the employees concerned may bring a

civil action in a court that has jurisdiction over the interstate

compact agency for review of the award. The court shall review the

award on the record, and shall vacate the award or any part of the

award, after notice and a hearing, if -

(1) the award is in violation of applicable law;

(2) the arbitrator exceeded the arbitrator's powers;

(3) the decision by the arbitrator is arbitrary or capricious;

(4) the arbitrator conducted the hearing contrary to the

provisions of this chapter or other laws or rules that apply to

the arbitration so as to substantially prejudice the rights of a

party;

(5) there was partiality or misconduct by the arbitrator

prejudicing the rights of a party;

(6) the award was procured by corruption, fraud, or bias on the

part of the arbitrator; or

(7) the arbitrator did not comply with the provisions of

section 18303 of this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1294.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

18304 40:1304. Pub. L. 104-50, title IV,

Sec. 405, Nov. 15, 1995, 109

Stat. 465.

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